Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices 3189 

7See SR–ISE–2010–120. 

8 15 U.S.C. 78f. 

9 15 U.S.C. 78f(b)(4). 

10 15 U.S.C. 78s(b)(3)(A)(ii). 

11 17 CFR 240.19b–4(f)(2). 12 17 CFR 200.30–3(a)(12). 

All other orders that are routed to ISE, 

including orders that are less than 100 

contracts, are assessed the rates labeled 

‘‘ISE’’. 

The Exchange also proposes to amend 

the title of the Routing Fees in ISE 

Select Symbols to state ‘‘ISE Select 

Symbols’’ rather than ‘‘ISE Select 

Symbols of 100 or more contracts’’ to 

reflect the recent amendments to ISE’s 

fees which eliminate the fee differential 

between priority customers with 100 or 

more contracts and priority customers 

with less than 100 contracts.7 All other 

orders that are routed to ISE, which are 

not in the Select Symbols, would be 

assessed the rates labeled ‘‘ISE’’. 

NASDAQ Options Services LLC 

(‘‘NOS’’), a member of the Exchange, is 

the Exchange’s exclusive order router. 

Each time NOS routes to away markets 

NOS is charged a $0.06 clearing fee and, 

in the case of certain exchanges, a 

transaction fee is also charged in certain 

symbols, which are passed through to 

the Exchange. Each destination market’s 

transaction charge varies for each 

transaction incurred by the Exchange. 

The Exchange is proposing this 

amendment in order to recoup clearing 

and transaction charges incurred by the 

Exchange when orders are routed to ISE 

in the ISE Select Symbols. 

2. Statutory Basis 

NASDAQ believes that the proposed 

rule changes are consistent with the 

provisions of Section 6 of the Act,8 in 

general, and with Section 6(b)(4) of the 

Act,9 in particular, in that it provides for 

the equitable allocation of reasonable 

dues, fees and other charges among 

members and issuers and other persons 

using any facility or system which 

NASDAQ operates or controls. The 

Exchange believes that these fees are 

reasonable because the Exchange is 

seeking to recoup costs that it incurs 

when routing orders to ISE in Select 

Symbols on behalf of its members. The 

Exchange believes that the proposed fee 

amendments are equitable because these 

amendments mirror recent proposed 

amendments to ISE’s Schedule of Fees 

and are being uniformly applied to the 

Exchange’s members. 

NASDAQ is one of nine options 

markets in the national market system 

for standardized options. Joining 

NASDAQ and electing to trade options 

is entirely voluntary. Under these 

circumstances, NASDAQ’s fees must be 

competitive and low in order for 

NASDAQ to attract order flow, execute 

orders, and grow as a market. NASDAQ 

thus believes that its fees are fair and 

reasonable and consistent with the 

Exchange Act. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act 10 and 

paragraph (f)(2) of Rule 19b–4 11

thereunder. At any time within 60 days 

of the filing of the proposed rule change, 

the Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–NASDAQ–2011–006 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–NASDAQ–2011–006. This 

file number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro/shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for Web site viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street, NE., 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of such filing 

also will be available for inspection and 

copying at the principal office of the 

Exchange. All comments received will 

be posted without change; the 

Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File No. SR–NASDAQ– 

2011–006 and should be submitted on 

or before February 9, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–950 Filed 1–18–11; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice to Rescind a Notice of Intent to 

Prepare a Supplemental Environmental 

Impact Statement: State Route 374 

From State Route 149 West of River 

Road to State Route 76 in Clarksville, 

Montgomery County, TN 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice to rescind a Notice of 

Intent to Prepare a Supplemental 

Environmental Impact Statement (EIS). 

SUMMARY: The FHWA is issuing this 

notice to advise the public that the 

Notice of Intent published on April 21, 

2010, at 75 FR 20879, to prepare a 

Supplemental EIS for the extension of 

SR 374 from SR 149 west of River Road 

to SR 76 in Clarksville, Montgomery 

County, Tennessee, is being rescinded. 

mstockstill on DSKH9S0YB1PROD with NOTICES

3190 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices 

1The TIFIA regulations have not been updated to 

reflect changes enacted in Public Law 109–59, 

SAFETEA–LU. Where the statute and the regulation 

conflict, the statute takes precedence. See the TIFIA 

Program Guide for updated program information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Charles J. O’Neill, Planning and 

Program Management Team Leader, 

FHWA—Tennessee Division Office, 404 

BNA Drive-Suite 508 Nashville, TN 

37217. Phone: (615) 781–5770. 

SUPPLEMENTARY INFORMATION: The 

FHWA, in cooperation with the 

Tennessee Department of 

Transportation, is rescinding the Notice 

to prepare a Supplemental EIS on a 

Proposal to extend SR 374 in 

Clarksville, Montgomery County, 

Tennessee. A Draft EIS for the extension 

of SR 374 from SR 13 to SR 76 in 

Clarksville was approved in March 

2000. A Supplemental EIS was being 

prepared to bring the original EIS into 

compliance with current environmental 

laws and regulations. After initiating the 

Supplemental EIS, it was determined 

that the proposed project’s potential 

impacts are not expected to be 

substantial; therefore, preparation of an 

EIS is not warranted. An Environmental 

Assessment (EA) documenting the 

potential social, economic, and 

environmental effects of the proposed 

project will be prepared in accordance 

with the National Environmental Policy 

Act (NEPA) and applicable 

environmental laws and regulations. 

The EA will evaluate the potential 

effects of the No Build Alternative and 

the Build Alternative, which is based on 

Alternative C from the original EIS. 

To ensure that the full range of issues 

related to this proposed action are 

addressed and all significant issues 

identified, comments and suggestions 

are invited from all interested parties. 

Comments or questions concerning the 

proposed action should be directed to 

the FHWA contact person identified 

above at the address provided above. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

proposed program.) 

Charles J. O’Neill, 

Planning and Program Management Team 

Leader, Nashville, TN. 

[FR Doc. 2011–978 Filed 1–18–11; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Office of the Secretary 

Federal Railroad Administration 

Federal Transit Administration 

Maritime Administration 

[Docket No. FHWA–2010–0154] 

Notice of Funding Availability for 

Applications for Credit Assistance 

Under the Transportation 

Infrastructure Finance and Innovation 

Act (TIFIA) Program 

AGENCY: Federal Highway 

Administration (FHWA), Federal 

Railroad Administration (FRA), Federal 

Transit Administration (FTA), Maritime 

Administration (MARAD), Office of the 

Secretary of Transportation (OST), U.S. 

Department of Transportation (DOT). 

ACTION: Notice of funding availability. 

SUMMARY: The DOT’s TIFIA Joint 

Program Office (JPO) announces the 

availability of funding to support new 

applications for credit assistance. Under 

TIFIA, the DOT provides secured 

(direct) loans, lines of credit, and loan 

guarantees to public and private 

applicants for eligible surface 

transportation projects of regional or 

national significance. Projects must 

meet statutorily specified criteria to be 

selected for credit assistance. 

Because demand for the TIFIA 

program can exceed budgetary 

resources, the DOT is utilizing periodic 

fixed-date solicitations that will 

establish a competitive group of projects 

to be evaluated against the program 

objectives. This notice outlines the 

process that applicants must follow. 

DATES: For consideration, Letters of 

Interest must be submitted 

electronically via e-mail by 4:30 p.m. 

EST on February 18, 2011, using the 

revised form on the TIFIA Web site: 

http://www.fhwa.dot.gov/ipd/tifia/ 

guidance_applications/index.htm. 

Applicants that have previously 

submitted Letters of Interest must 

resubmit an updated letter as outlined 

below. 

The application due date will be 

established after consultation between 

the TIFIA JPO and the applicant. 

ADDRESSES: Submit all Letters of Interest 

to the attention of Mr. Duane Callender 

at: TIFIACredit@dot.gov. Submitters 

should receive a confirmation e-mail, 

but are advised to request a return 

receipt to confirm transmission. Only 

Letters of Interest received via e-mail, as 

provided above, shall be deemed 

properly filed. 

FOR FURTHER INFORMATION CONTACT: For 

further information regarding this notice 

please contact Duane Callender via email at TIFIACredit@dot.gov or via 

telephone at 202–366–9644. A TDD is 

available at 202–366–7687. Substantial 

information, including the TIFIA 

Program Guide and application 

materials, can be obtained from the 

TIFIA Web site: http:// 

www.fhwa.dot.gov/ipd/tifia/. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Eligible Projects 

III. Types of Credit Assistance 

IV. Threshold Requirements 

V. Rating Opinions 

VI. Letters of Interest and Applications 

VII. Fees 

VIII. Selection Criteria 

IX. Program Funding 

I. Background 

The Transportation Equity Act for the 

21st Century (TEA–21), Public Law 

105–178, 112 Stat. 107, 241, (as 

amended by sections 1601–02 of Pub. L. 

109–59) established the Transportation 

Infrastructure Finance and Innovation 

Act of 1998 (TIFIA), authorizing the 

DOT to provide credit assistance in the 

form of secured (direct) loans, lines of 

credit, and loan guarantees to public 

and private applicants for eligible 

surface transportation projects. The 

TIFIA regulations (49 CFR part 80) 

provide specific guidance on the 

program requirements.1 On January 5, 

2001, at 65 FR 2827, the Secretary of 

Transportation (Secretary) delegated to 

the FHWA the authority to act as the 

Executive Agent for the TIFIA program 

(49 CFR 1.48(b)(6)). The TIFIA JPO, an 

organizational unit in the FHWA Office 

of Innovative Program Delivery, has 

responsibility for coordinating program 

implementation. 

II. Eligible Projects 

Highway, passenger rail, transit, 

bridge, intermodal projects, and 

intelligent transportation systems may 

receive credit assistance under TIFIA. 

Additionally, the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU) 

(Pub. L. 109–59, 119 Stat. 1144) enacted 

in 2005 expanded eligibility to private 

rail facilities providing public benefit to 

mstockstill on DSKH9S0YB1PROD with NOTICES